The Supreme Court announced Tuesday morning it would refuse to hear Stormans v. Wiesman, a case from the state of Washington where a family-owned pharmacy was objecting to a state regulation that forced them to prescribe the morning after pill, also known as “Plan B.” Unlike traditional contraceptive methods, Plan B is an abortifacient and can result in the termination of a child that has already been conceived. Pro-life pharmacists who prescribe the drug could consider themselves complicit in an abortion.

The decision not to take up the case exposes some hypocritical reasoning with regard to Monday’s Court decision striking down Texas’s safety regulations for abortion clinics. And the facts of this case make it hard to deny the state is specifically targeting religious believers and singling them out for undue persecution. In a strongly worded dissent, Justice Samuel Alito, joined by Chief Justice John Roberts and Justice Clarence Thomas, said as much: